2002 hit-and-run case: Court to hear Salman's plea on March 25

Mumbai: The Sessions court in Mumbai has fixed the hearing of the 2002 hit-and-run case against Bollywood actor Salman Khan on March 25, when he would have to remain present before the court. Along with the prosecution's case against Salman, the court would also hear his appeal against the Magistrate's order, invoking the charge of 'culpable homicide not amounting to murder' against him which attracts a punishment up to 10 years in prison.

Sessions Judge UB Hejib has scheduled the hearing for March 25, and Salman had been asked to be present on that day, court sources said in Mumbai. It would be Salman's first appearance before the Sessions court after Bandra Magistrate's court referred the case to the Sessions Court (because the offence he is now charged with is serious).

The Magistrate had asked Salman to appear before the Sessions court on March 11, but he did not go to the court that day as the case was yet to be assigned to any judge. Sources said as there would be a fresh trial, evidence produced before the Magistrate's court would not be considered.

One person was killed and four injured when a Land Cruiser, allegedly driven by Salman, ran over the people sleeping on pavement outside a bakery in suburban Bandra in the wee hours of September 28, 2002. On March 8, advocate Ashok Mundargi, Salman's lawyer, had urged the Sessions court to hear the main case against the actor and his appeal against Magistrate's order invoking the charge of 'culpable homicide not amounting to murder' (section 304 part II of IPC) simultaneously.

The trial before the Magistrate was proceeding on the lesser charge of 'causing death by negligence' (section 304 A of Indian Penal Code), which attracts maximum punishment of two years in jail. After examining 17 witnesses, the Magistrate concluded that the charge of 'culpable homicide not amounting to murder' was prima facie made out against the actor. Salman's appeal says Magistrate failed to appreciate that he had neither the intention to kill the people, nor the knowledge that his rash and negligent driving would kill someone or cause injury.